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2025 DAILYLAW 69836 (ALL)

RAM FER AND 4 OTHERS v. UNION OF INDIA AND 5 OTHERS

WRIC/23108/2025 · 2025-09-09

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23108 of 2025 Court No. - 29 (SL No.6) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Amit Kumar Pandey, learned counsel for the petitioners and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents. 2. The instant writ petition is preferred praying for a direction to respondent to pay the entire payment/compensation of Gata No. 371 area 0.0233 hectare and Gata No. 174 area 0.3033 hectare situated at Village Chak Shahgyas, Tehsil Shahganj, District- Jaunpur which is acquired by National Highways Authority of India (NH 135A), within stipulated period of time. 3. It transpires from the record that the aforesaid land of the petitioners was acquired under the provisions of the National Highways Act, 1956. An award was declared on 10.01.2025. Being aggrieved thereby, the NHAI has filed a petition before the Arbitrator under Section 3G(5) of the National Highway Authority Act, 1956 (Act, 1956). The same is pending. However, there is no stay of the award of the Competent Authority. 4. At the very outset, learned counsel for the petitioners states that identical controversy had already been settled by this Court in the case of Seema Rani And Another vs. Union Of India And 4 Others (WRIT - C No. - 25712 of 2024, dt. 27.09.2024) and as the facts of the matter is Versus Counsel for Petitioner(s) : Amit Kumar Pandey Counsel for Respondent(s) : A.S.G.I., C.S.C., Mahendra Pratap, Rajesh Kumar Jaiswal Ram Fer And 4 Others .....Petitioner(s) Union Of India And 5 Others .....Respondent(s) squarely covered with the aforesaid judgment, similar indulgence may also be accorded to the instant petitioners and the writ petition may also be disposed of in the light of Seema Rani (supra). 5. So far as the factual and legal aspect of the matter is concerned, the same is not disputed by the learned Additional Chief Standing Counsel. 6. Having regard to the facts of the case and the submissions made herein, we dispose of the instant petition in terms of Seema Rani And Another (supra), with the following directions: (a) The petitioner will furnish indemnity bond for the entire amount before the Competent Authority within two weeks from today, along with true attested copy of the instant order. (b) Upon furnishing of the indemnity bond to the satisfaction of the Competent Authority, the amount would be released in favour of the petitioner within next four weeks. (c) The payment would be subject to the final outcome of the arbitration proceedings. September 10, 2025 Shubham Arya WRIC No. 23108 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad